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Citation
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Judgment date
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| June 2022 |
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Prosecution failed to establish a prima facie murder case due to unreliable eyewitness identification and contradictory evidence.
Criminal procedure – prima facie case under section 293 CPA – when accused should be called to defend. Evidence Act s.34B – admissibility and weight of written statements in lieu of oral evidence. Identification evidence – single-witness recognition at night is weak and must be watertight; corroboration and absence of contradictions required. Contradictory prosecution evidence and absence of identification parade may render a case unsustainable.
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16 June 2022 |
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15 June 2022 |
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13 June 2022 |
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13 June 2022 |
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13 June 2022 |
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Convictions quashed where victim’s testimony was unreliable and a cautioned statement was improperly admitted; paternity not proven.
Criminal law – Sexual offences – Best evidence of rape comes from the victim but must satisfy truthfulness and credibility tests; contradictions can render such evidence unsafe. Criminal law – Impregnating a school girl – Proof of paternity requires concrete or scientific corroboration (DNA) to safely convict. Evidence – Cautioned/confession statements must be cleared, voluntariness inquired into when objected and their contents read before admission; failure warrants expungement. Criminal procedure – Failure to re‑read the charge before trial is not automatically fatal where accused understood the case and effectively participated.
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13 June 2022 |
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13 June 2022 |
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13 June 2022 |
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13 June 2022 |
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Applicant failed to account for delay and did not plead illegality in affidavit; extension of time was refused.
Extension of time – requirement to account for all days of delay – reasons must be in supporting affidavit – technical delay excusable only if prompt action – alleged illegality must be apparent and properly pleaded.
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10 June 2022 |
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10 June 2022 |
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Appellant failed to discharge burden of proof; respondent’s long uninterrupted occupation and credible evidence established ownership; appeal dismissed.
Land law – burden and evaluation of evidence – proof of gift (oral) versus documentary evidence – long uninterrupted occupation and improvements as evidence of ownership – re‑appraisal of evidence on first appeal – locus standi relevance.
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10 June 2022 |
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Appeal dismissed where tribunal validly used newspaper publication as service and appellant failed to challenge the impugned ruling.
Land law – setting aside ex-parte judgments – Regulation 11(2), GN No.174/2003 – service by publication under Regulation 9(c) – sufficiency of notice – requirement that grounds of appeal actually challenge impugned order.
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10 June 2022 |
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10 June 2022 |
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Whether the applicant was an employee; court found he was an independent contractor and dismissed the claim.
Labour law — employer-employee relationship — contract of service v contract for service; s.61 Labour Institutions Act presumption factors (control, hours, payroll, economic dependence, tools); Rule 43(1) Labour Court Rules — mandatory notice of representation; jurisdiction of CMA in unfair termination claims.
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10 June 2022 |
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9 June 2022 |
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9 June 2022 |
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9 June 2022 |
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Omission to record ward tribunal members and defective locus in quo notes vitiated proceedings; appeal allowed and case quashed.
Land law – Ward Tribunal constitution – requirement to record names (coram) of members at each sitting – omission is fatal and vitiates proceedings. Evidence/procedure – locus in quo visit – must record participants, witness testimony and cross‑examination; failure vitiates trial. Jurisdiction – procedural defects affecting jurisdiction are not cured by overriding objective or by appellate re‑evaluation. Remedies – quash proceedings and judgments; refiling under current statutory regime where appropriate.
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8 June 2022 |
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8 June 2022 |
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8 June 2022 |
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7 June 2022 |
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7 June 2022 |
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7 June 2022 |
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7 June 2022 |
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6 June 2022 |
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6 June 2022 |
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6 June 2022 |
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Applicant failed to justify extension of time; delay unexplained and alleged illegality not apparent on record.
Land law – extension of time to appeal – requirement to demonstrate sufficient cause and account for each day of delay. Limitation law – section 19(2) Law of Limitation Act – time for obtaining copies excluded from computation. Civil procedure – supporting affidavit must plead and particularize reasons; submissions are not evidence. Illegality – must be apparent on the face of the record to justify extension of time.
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3 June 2022 |
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Civil court lacks jurisdiction over intra‑church disputes until internal constitutional remedies are exhausted.
Church law – intra‑church dispute – requirement to exhaust internal dispute resolution mechanisms under church constitution (Rule XIII) before civil court intervention. Civil procedure – preliminary objection on jurisdiction – religious disputes and the 'hands‑off' approach of civil courts. Urgent interlocutory relief – premature where internal remedies not exhausted.
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3 June 2022 |
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A registered titleholder prevails over unproven indigenous claims; plaintiff awarded eviction, demolition, injunction, damages and costs.
Land law — Registered title conclusive against unproven customary claims; proof on balance of probabilities; surveyed and allocated land — allocatee not liable for compensation; trespass — eviction, demolition, injunction and damages awarded; authenticity of documents and requirement to produce originals at trial.
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3 June 2022 |
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Extension granted where timely appeal was struck out for defective decree and jurisdictional illegality was alleged.
Extension of time – Law of Limitation s.14(1) and CPC s.95 – technical delay where appeal struck out for defective decree – prompt action and accounting for delay – alleged illegality (lack of territorial and pecuniary jurisdiction) as sufficient reason – Lyamuya principles applied.
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3 June 2022 |
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1 June 2022 |
| May 2022 |
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Representative land claim failed for lack of locus standi, unlisted representatives, and insufficient evidence of unpaid compensation.
Land acquisition – representative suit – competence and locus standi of administrators without letters of administration; death of plaintiff and failure to join legal representative – abatement; scope of leave for representative suits – limited to listed persons; burden of proof in compensation claims – need for valuation/quantified evidence; evidential weight of government payment records (Exhibit D2).
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31 May 2022 |
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31 May 2022 |
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31 May 2022 |
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30 May 2022 |
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30 May 2022 |
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30 May 2022 |
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Correction of CMA proceedings does not restart the six‑week limitation to challenge an award; application struck out as time‑barred.
Labour law – Limitation – computation of six‑week period under s.91(1)(a) ELRA – date of award as starting point. Procedural rectification – correction of proceedings does not restart limitation where award date unchanged. Law of Limitation – s.19(2) exclusion for time to obtain copies not applicable to delay caused by correcting proceedings absent corrected award. Remedy – strike out for time‑bar; extension of time would have been appropriate remedy if grounds made out.
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30 May 2022 |
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27 May 2022 |
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The appellants' challenge to the respondent's registered title fails; registration is conclusive and appeal is dismissed with costs.
Land law – registered Certificate of Right of Occupancy – conclusiveness of registration under land titles system; proof behind the register not required where register and Registrar’s records show transfer; challenge to title requires clear documentary or registrable evidence; non-joinder of numerous persons not fatal absent necessity; tribunal application form/regulations sufficient; recusal raised first on appeal not entertained; admissibility of evidence weighed against documentary registry entries.
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27 May 2022 |
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Delay by the tribunal in supplying judgment copies constituted sufficient cause to grant extension of time to appeal.
Civil procedure – Extension of time – Section 41(2) Land Disputes Courts Act – discretion and good cause; Limitation – exclusion of time spent obtaining copies – section 19(2) Law of Limitation Act; Requirement of written request for copies of judgment, decree or proceedings; Failure of tribunal to notify applicant that copies were ready as ground for extension.
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27 May 2022 |
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26 May 2022 |
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A 60‑day default notice read with the loan agreement satisfied s127(2) Land Act, rendering the auction sale lawful.
Land Act s.127(1)–(2) – notice of default – adequacy of 60‑day notice; must be read with loan/mortgage agreement; effect on power of sale. Mortgages – enforcement – public auction sale lawfulness when contractual arrangements disclose right to sell. Contract law – binding effect of loan agreement and member's assent to consequences of default.
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26 May 2022 |
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26 May 2022 |
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26 May 2022 |
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25 May 2022 |
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25 May 2022 |
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25 May 2022 |